Question: We have a number of townhouses within our complex which are suffering ongoing issues with cracks internally to the building. Is the Body Corporate liable for repairs to the cracking inside the building?
We have a number of townhouses within our complex which are suffering ongoing issues with cracks internally to the building. These are caused by seasonal effects/moisture on the ground underneath the buildings which have a reactive clay soil base.
The question is whether or not the Body Corporate is liable for repairs to the cracking inside the building? The Body Corporate has taken the position that external skin and frame are our responsibility and repairs internal to the building are the owners responsibility.
Answer: As a general position – the body corporate would be responsible if it were a building format plan and the lot owner would be responsible if it is a standard format plan.
The answer to this question will depend on:
- Whether there is evidence to prove the cause of the damage; and
- Which type of survey plan the lots are created in.
As a general position – the body corporate would be responsible if it were a building format plan and the lot owner would be responsible if it is a standard format plan.
This post appears in Strata News #458.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753